IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.842 OF 2025 AAKANKSHA KULSHRESTHA PETITIONER VERSUS VISHISHT GARG RESPONDENT

O R D E R

Heard learned counsel for the parties.

2. Though the present petition has been filed by the petitioner- wife seeking transfer of Matrimonial Case No.1076 of 2024 under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending before the Court of learned Principal Judge, Family Court, District Court, Dehradun, Uttarakhand to the Family Court, Gautam Budh Nagar, Uttar Pradesh, but in the interregnum, I.A. No.60456 of 2026 has been filed by the petitioner for grant of decree of divorce on the ground of there being irretrievable breakdown of marriage and in light of the observations of the Constitution Bench of this Court in the case of Shilpa Sailesh v. Varun Sreenivasan, 2023 (14) SCC

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3. Without going into the merits of either case or into the Signature Not Verified Digitaally ssignped beyct of allegations made by the parties against each other, on a SAPNA BISHT Date: 2026.03.03 Reason:

categorical query of the Court to the learned counsel for the parties, as to whether, there is any scope of re-establishing the relationship and moving together, they submit that the parties are not ready to continue with the relationship of husband and wife.

4. Such categorical stand before the Court itself, is an indication that there is irretrievable breakdown of marriage. Accordingly, being satisfied with the fact that the marriage of the parties is irretrievably broken down, we exercise our power under Article 142 of the Constitution of India and grant divorce to the parties.

5. Registry to draw the decree accordingly.

6. At this juncture, learned counsel for the respondent-husband submitted that the minor daughter, who is in the custody of the petitioner-wife is being kept away from him.

7. In the said Interlocutory Application especially, at paragraph no.3, the stand of the petitioner-wife is clear that she is amenable to settle the matter relating to minor daughter amicably.

8. Taking note of the same and also the fact that the issue is a separate cause of action, we leave it open to the parties to sort out the same through negotiation and on mutually acceptable terms taking into consideration the ultimate welfare of the minor child.

9. The petition stands disposed of in the aforementioned terms.

10. To dispel any misconception in the mind of the parties, as raised by the learned counsel, we make it clear that any observations made in the present order and in the previous orders of this Court as also, the averments made in the pleadings in the present case, shall not prejudice either side in any proceedings either pending or proposed.

11. Pending application(s), if any, shall also stand disposed of.

……………………………………………………………………J.

[AHSANUDDIN AMANULLAH]

…………………………………………………………………………J.

[R. MAHADEVAN]

NEW DELHI

23^rd FEBRUARY, 2026 ITEM NO.30 COURT NO.13 SECTION III-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s).842/2025 AAKANKSHA KULSHRESTHA Petitioner(s)

VERSUS VISHISHT GARG Respondent(s)

(FOR ADMISSION)

(IA No. 78250/2025 - STAY APPLICATION IA No.60456/2026 – APPLICATION UNDER ARTICLE 142 OF THE CONSTITUTION OF INDIA)

Date : 23-02-2026 This matter was called for hearing today.

CORAM :

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Rajat Mittal, AOR Mr. Amar Gahlot, Adv.

Ms. Anshi Bhatia, Adv.

Ms. Anannya Srivastava, Adv.

Ms. Prishita Dadhwani, Adv.

Mr. Subham Kumar, Adv.

Mr. Priyanshu, Adv.

For Respondent(s) Mr. Atul Kumar, AOR Ms. Sweety Singh, Adv. Mr. Rahul Pandey, Adv.

Mr. Harsh Kumar, Adv.

Ms. Diksha Joshi, Adv.

Ms. Meenakshi, Adv.

O R D E R

The Transfer Petition stands disposed of in terms of the signed order.

2. Pending application(s), if any, shall also stand disposed of.

(SAPNA BISHT) (KOMAL)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)